tion of sludge on the bottom. As the flow passed through the lock and hydroelectric powerplant, a thick and persistent white froth developed. In the main channel of the ship canal at Lockport and downstream through the Brandon Pool, patches of oil, general discoloration, and floating sewage solids were observed. As the water left the Brandon Pool, large banks of froth were produced. These floated downstream in patches.

As observations were continued downstream along the waterway to Pekin, the physical evidence of water degradation already described diminished and disappeared. Slight local degradation indicated by the presence of sewage

solids was observed in the Peoria-Pekin reach. See attached table and map for details.

The 7,500-foot stretch of Chicago River west of controlling works showed no visible evidence of pollution until its confluence with North and South Branches. Mouth of the North Branch was turbid and grey. Formed feces and other evidence of untreated sewage floated on surface. Actively decomposing sludge deposits on bottom continuously emitted gas bubbles which broke the water surface. Untreated sewage was flowing into west channel at West Division Street Bridge. White liquid wastes were being discharged near North Ogden Avenue Bridge. Ganular white and tan colored solid wastes were seen on bank of channel extending to waters edge near North Ogden and North Halsted Bridges. Untreated sewage flows were entering the east channel of the island immediately upstream from North Halsted Street Bridge.

South Branch appeared to be in better condition than North Branch but still appeared to be polluted. Water was grey and floating oil was noted along banks.

Banks of canal were discolored black with oily substances, although water itself had no noticeable oily film. At Crawford Avenue Bridge water appeared to be cleaner. Several sewer outfalls were observed above and below this

point. Southwest sewage treatment plant effluent contained large quantities of white foam which partially covered surface of canal. At mile points 310 and 311 sewer outfalls to canal were observed. Green colored effluent was discharged from sludge lagoons located along west bank. Green algae colored canal water below sludge lagoons.

Water was dark grey near its confluence with ship canal, with little color change apparent in 14-mile stretch to Stony Creek. Here water was grey colored and odor of sewage was strong. Further upstream a large flow of untreated sewage entered from north bank near U.S. Highway No. 54.

Water at Halsted Street, Indiana Avenue, and Michigan Central Railroad Bridges was rust colored.

Attempts to proceed up Grand Calumet River were prevented by shallow water over massive accumulations of black, decomposing sludge deposits. At point below East 106th Street water was rust colored. At Ewing Avenue rust color began to fade.

No remarks.

At Lemont water was grey and turbid and above Lockport oil was floating on surface. Decomposing slude on bottom of stream above hydroelectric plant at Lockport yielded gas. Odor in air was suggestive of that given off by partially digested sewage slude. White foam floated on canal surface below the hydroelectric plant and Lockport lock.

No objectionable signs of pollution were visible at Lemont and Lockport. Further observation at the Ruby Street Bridge at Joliet about 2 miles downstream from Lockport showed detrimental effect of receiving low quality water from Chicago Sanitary and Ship Canal.

Water impounded behind and flowing from lock and dam had about same physical appearance as that observed at Joilet.

Des Plaines River 8 miles downstream from Brandon Dam showed no obvious physical evidence of pollution.

No physical evidence of pollution was obvious between Morris and Peoria. Local pollution existed between Peoria and Pekin.

Confluence of Illinois and Mississippi Rivers.

AMENDMENTS TO H.R. 1 PROPOSED BY SANITARY DISTRICT

No. 1: Page 3, add new sentence to line 17:

"The studies described above shall include, but not be limited to the effect of the diversion of an additional one thousand cubic feet per second on the levels of the Great Lakes, and shall also include a study of the effect of currents and flows of water throughout the south 175 miles of Lake Michigan, the effect of aeration, chlorination, sources of pollution, studies of the quality of water in the Illinois waterway and tributary streams, the possibility of the separation of storm and sanitary sewage and a study of the treatment." No. 2: Page 5, line 3 (strike period, add comma):

"Nothing in this Act shall be construed to indicate any approval or authorization of a permanent increase in diversion in the amount of one thousand cubic feet per second or any other amount if recommended, without prior consultation with the Government of the Dominion of Canada, expressly reserving, however, any and all rights now or heretofore existing in the United States in the exclusive control and management of the waters of Lake Michigan." No. 3: Add new subsection :

"(d) In the event (1) that as a result of the temporary diversion authorized as above set forth the water flowing out of Lake Erie shall be below the minimum amount authorized by the Niagara River Treaty of 1950 between the Gov-ernment of the Dominion of Canada and the United States; and (2) in the event material injury as expressed in the Boundary Waters Treaty of 1909 results, then the Metropolitan Sanitary District of Greater Chicago acting by and for the State of Illinois will pay all actual damages which may be determined to be due and owing by a court of competent jurisdiction."

No. 4:

"The studies hereinabove authorized shall not be undertaken unless and until the Metropolitan Sanitary District of Greater Chicago acting by and for the State of Illinois shall have filed with the Secretary of the Army an appropriate reso-lution providing for the payment of damages if they are established as hereinabove set forth."

ANSWER OF THE STATE OF MICHIGAN, COMPLAINANT, TO THE PETITION OF THE STATE OF ILLINOIS FOR TEMPORARY MODIFICATION OF PARAGRAPH 3 OF DECREE OF APRIL 21, 1930

To the Honorable the Chief Justice and Associate Justices of the Supreme Court of the United States:

The State of Michigan, complainant in Original Cause No. 3, by Thomas M. Kavanagh, its attorney general, and Edmund E. Shepherd, its solicitor general, presents this answer to the petition filed by the State of Illinois, requesting temporary modification of the decree of April 21, 1930, which enjoins the State of Illinois and the Sanitary District of Chicago, their employees and agents, and all persons assuming to act under the authority of either of them, "from diverting any of the waters of the Great Lakes-St. Lawrence system or watershed through the Chicago drainage canal and its auxiliary channels or otherwise in excess of the annual average of 1,500 cubic feet per second in addition to domestic pumpage."

In support of the allegation in its petition as to the existence of a critical emergency in respect to navigation at Alton Lock in the Mississippi River, the State of Illinois by its duly authorized agents has represented to the State of Michigan:

(1) The Corps of Engineers, U.S. Army, St. Louis District has issued a notice of low water conditions (a) which presently hamper navigation on the Mississippi River, in particular passage through the Alton Lock (No. 26), serving, among other places, the Chicago area, (b) which are expected to become progressively worse to the extent that commercial navigation may come practically to a halt at the lock, and (c) which will seriously affect the Chicago area especially in respect to shortages of fuel oil and coal.

(2) The Corps of Engineers advises that the maximum legally allowable flow from Lake Michigan is now being utilized.

(3) The Secretary of the Army has advised Hon. Everett M. Dirksen, U.S. Senator from Illinois, with respect to the problem, in part, as follows:

"With respect to increasing diversion of Great Lakes waters, such diversion is now restricted to an annual average of 1,500 second feet plus domestic pumpage pursuant to a decree of the Supreme Court of the United States dated April 21, 1930 (281 U.S. 696). The Court retained jurisdiction 'for the purpose of any orders or direction, or modification of this decree, or any supplemental decree, which it may deem at any time to be proper in relation to the subject matter in controversy.'

"Accordingly, no authority is known to exist under which any change in the diversion of water from Lake Michigan could be permitted by this Department contrary to the restrictions imposed by the Supreme Court."

(4) The Acting Assistant Chief of Engineers for Civil Works, Corps of Engineers, has advised Senator Dirksen, in part, as follows:

"The report of the Board of Engineers for Rivers and Harbors dated June 19, 1956, recommended construction of a dam near Chain of Rocks for the purpose of increasing the depth over the lower sills at lock and dam No. 26, Mississippi River, at time of low flow. During the preparation of this report, studies were made of every feasible way of alleviating the condition which develops at lock No. 26 during low flow periods. No way was found to initiate corrective construction within our present authorities for improvement of the middle and upper Mississippi River. The construction of the proposed dam to remedy the situation is dependent upon the enactment of authorizing legislation, and subsequent appropriation of the necessary funds.”

(5) The State of Illinois is of the opinion that the necessary authorization and funds will be forthcoming at the next session of the Congress, and that the construction and operation of the Chain of Rocks Dam will provide a permanent and sufficient solution of the low water problems at Alton lock. If authorized with sufficient funds, it is estimated that the Chain of Rocks Dam could be constructed and in operation not later than September 1958.

(6) The Deputy Assistant to the President of the United States has advised Senator Dirksen as follows:

"I have looked into the matter of providing an additional diversion from Lake Michigan to meet the low water problem at Alton, Ill., which you referred to in your letter of October 16.

"I am told, and I understand that you have been so advised by the Secretary of the Army, that the diversion at Chicago is now restricted to an annual average of 1,500 second feet plus domestic pumpage by a 1930 Supreme Court decree.

There appears to be no authority under which the Federal Government could increase the diversion as you request in view of the restrictions imposed by the Supreme Court. As you know, the Secretary of the Army is taking all practical steps to alleviate the low water conditions by coordinate and basinwide regulations of all available waters in the Mississippi-Missouri River system.

"The Bureau of the Budget informs me that it is in process of getting additional information from the Corps of Engineers concerning the proposed project at lock 26, Alton, Ill. I have asked that every effort be made to conclude all executive branch review of this proposal prior to the reconvening of Congress." (7) The Corps of Engineers, U.S. Army, has advised the State of Illinois that it will not be necessary or feasible to divert 10,000 cubic feet of water per second in addition to domestic pumpage from the Great Lakes-St. Lawrence system through the Illinois Waterway in order to facilitate navigation at the Alton lock; that the present critical emergency in respect to navigation at Alton lock can be alleviated by the diversion of substantially less than 10,000 cubic feet of water per second, and that in the interest of navigation not more than approximately 6,000 to 7,000 cubic feet of water per second need or should be temporarily diverted.

Therefore, the State of Michigan admits that a temporary critical navigation condition exists at Alton lock on the Mississippi River which can be alleviated by the diversion from the Great Lakes-St. Lawrence system of less than 10,000 cubic feet of water per second for a period of not exceeding 100 days.

The State of Michigan denies the allegation in the petition of the State of Illinois that:

"The temporary increase in the rate of diversion now set will not adversely affect present lake levels in the Great Lakes-St. Lawrence system or watershed for the reason that the total quantity of water proposed to be diverted is not sufficient materially to affect such levels" (petition p. 2).

With respect to the statements in the petition of the State of Illinois as to the existence of critical conditions on the Mississippi River, other than at Alton lock, the State of Michigan alleges that there exist other means of remedying these alleged conditions by diverting water from the Great Lakes-St. Lawrence system.

Solely because of the aforestated temporary critical emergency in respect to navigation at the Alton lock, the State of Michigan does not oppose the petition of the State of Illinois provided that the State of Illinois will stipulate and agree to the following conditions, and to the inclusion thereof in any order of this Court temporarily modifying paragraph 3 of the decree of April 21, 1930: 1. The State of Michigan does not waive any position which it has heretofore taken respecting the injurious or detrimental affect of diversion of water from the Great Lakes-St. Lawrence system and expressly reserves the right to take such position in any future proceedings concerning this subject.

2. The granting of any relief upon the present petition of the State of Illinois will not be used as a precedent by any party for any future request for any additional temporary diversion in excess of the amounts fixed by this court in its decree of April 21, 1930.

3. The amount of increased diversion shall be restricted to such amount as may be necessary, but shall not exceed 8,500 cubic feet per second.

4. The time during which such increased diversion may be made shall be limited to such period as may be necessary, but not exceeding 100 days from the date of entry of the court's decree of modification.

5. The amounts and times of diversion as may be necessary to carry out the decree of temporary modification shall be determined by the Corps of Engineers, U.S. Army.

6. Any increased diversion authorized by the temporary decree of modification shall be and remain under the supervision and control of the Corps of Engineers, U.S. Army, during the period for which such increased diversion may be authorized.

7. After the expiration of the period for which the increased diversion may be authorized all the provisions of the decree of this court heretofore entered in this action on April 21, 1930 (281 U.S. 696) shall be and remain in full force and effect until further order of the court.

8. The relief granted is based solely upon the petition of the State of Illinois and does not constitute an acknowledgment or recognition of any cause for, or right to relief which may be asserted by any other party to these causes. 9. There is no need for any clarification of the decree of April 21, 1930. 10. The fact that the State of Michigan does not oppose the petition of the State of Illinois for temporary modification of paragraph 3 of the decree of